Assistant Professor at Hidayatullah National Law University, Raipur, Chhattisgarh, India
The rise to dominance of standardisation, commodification, and market-oriented outcomes in education the humanistic and transformational essence and role of education have been affected, highlighting the necessity for rehumanization in the learning process. Against this backdrop, this paper aims to investigate and articulate the need for rehumanization in learning through an integrated framework of law and economics, specifically within the Indian context. The paper will demonstrate how and why the constitutional values and provisions, along with the legislative and legal framework, intersect and align to foster holistic and qualitative development and transformation. From a legal and conceptual perspective, the Indian Constitution, particularly through Articles 14, 15, 21, and 21A, acknowledges and affirms that the education is a fundamental right that is intrinsically linked to dignity and encompasses the pursuit and enjoyment of equality and justice within society. The enactment of the Right to Education Act in 2009 has provided a concrete and mandated expression of the constitutional vision and ideals, establishing a legal and binding framework that designates education as a public good rather than merely a market outcome or instrument. In addition to this rights-based framework, the National Education Policy 2020 is a significant step to promote normative transition towards a comprehensive, multidisciplinary, learner-centric education and is based on constitutional morality. Fram economics standpoint, the paper considers the RTE Act 2009 and NEP 2020 as two key measures of public investment in human capital and social capital. The RTE framework, through public financing, regulation of private participation, and focus on basic learning outcomes, solves issues of the market such as exclusion, inequality, and information asymmetry which are the causes of this market failure while NEP 2020, NEP 2020 through its emphasis on flexibility, skill integration, and lifelong learning in line with the changes in the labour market, promotes economic efficiency. The paper states that education systems can achieve equity through efficiency if laws that guarantee the right to education are supported by economically sound education policies. By incorporating human values into institutional design and resource distribution, RTE Act, and NEP 2020 collectively substantiate the demand to rehumanize education, thereby making it a tool for the all-round development of the human being, inclusive growth
Research Paper
International Journal of Law Management and Humanities, Volume 9, Issue 1, Page 331 - 339
DOI: https://doij.org/10.10000/IJLMH.1111293
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